Unpatentable Exceptions to the EPC. The rationale and understanding of Article 53(b) - A historical analysis.

Sammanfattning: This thesis investigates Article 53(b) of the European Patent Convention and has at its core, the reasoning for this Article. It establishes and explains the ideological beginnings of these exceptions to patenting. By focusing primarily on the two landmark cases on the Article, I have tried to draw out where the reasoning for this exclusion has come from and where the exclusion may potentially lead. My method is not to determine what a patentable invention is or to try to explain 'Ordre Public' or ethical or public policy concerns. It is to break Article 53(b) down through analysis and clarification. Firstly and most importantly, I separated it into Plant and Animal, then through this, examining where the law and cases have taken us, to help understand the rationale behind the Article. As stated in my delimitations, my material will be strictly limited to the Article, although to find a progressive history I may have to examine other documents to fully understand the historical value. The thesis explains why the transgenic properties of animals and plants are so important to patents, breaking this down further into the specifics of Article 53(b) and explains how or why the patents were granted or not. In doing this, I also highlighted potential problems and tried to find solutions or ways that the Article could be improved. Not only is the variety aspect of Article 53(b) examined and explained, but the patenting of biological processes aspect is also broken down and explained in relation to why microbiology is accepted and how this would affect macrobiology. The ethical implications are touched upon, but not examined in great depth, since this is in no way a theological paper. The legal and explanatory sides are critically analysed.